THE FIRST CASE OF PATENT INFRINGEMENT TRIALE   |  

 

Early in 2003, Mr. Thinh found that the Viet – My Brick Production Factory run by Mr. Nguyen Dinh My and Ms. Thai Thi Thu Suong had been using the brick extruder with scratch axis based on his patent to produce bricks for commercial purpose. Mr. Thinh asked them to cease the production because they are not authorized by him and asked relevant authorities for legal actions. Accordingly, the Department of Science and Technology and other agencies of Dak Lak Province recorded the scene, met with the owner and infringers to assess the brick extruder in question based on the granted patent and concluded that Viet – My Brick Production Factory infringed the patent granted to Mr. Thinh.

By the end of March 2008, the People Committee of Dak Lak forwarded the case of patent infringement between Mr. Hoang Thinh and Nguyen Dinh My – Ms. Thai Thi Thu Suong to the People’s Court for settlement.

Dated 18 July 2010, the Trial Board of the People’s Court of Dak Lak Province opened the first instance trial on the case. According to the Law on Intellectual Property, the use of patent must be authorized by the owner and a remuneration/license fees must be paid to him. By the Viet – My Brick Production Factory did not perform the obligation to obtain permission for its use and pay any remuneration or fees for licensing thereof, Mr. Hoang Thinh should make claims for compensation.

The Court has identified damages caused by the Viet – My Brick Production Factory and forced them to compensate for Hoang Thinh 351 million VND.

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